Kratz v. Board of Commissioners

Opinion by

Judge Palladino,

The Board of Commissioners of Upper Gwynedd Township (Board) appeals from an order of the Montgomery County Court of Common Pleas (trial court) which reversed a decision of the Board.

Appellees challenged the Upper Gwynedd Township Zoning Ordinance (Ordinance) on the ground that it unconstitutionally excluded mobile home parks, and requested a curative amendment which would allow Appellees to develop their parcel of land as a mobile home park. The Board dismissed Appellees’ challenge and request for a curative amendment and instead enacted a new ordinance which allows…